Legal Question in Family Law in Florida

increase in child support for exwife after remarriage?

can an exwife get an increase in fathers child support when she is now remarried, has a child with new husband and volunterily works part time?

They purchased land and have built a new home. Divorced dad has never missed a child support payment,is kept to the minimum the law allows for visitation and is also remarried. please help if you can, thanks.


Asked on 11/16/99, 12:40 pm

1 Answer from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: increase in child support for exwife after remarriage?

Either parent is entitled to a modification of child support whether upward or downward as long as there has been a substantial change in circumstances to warrant this change. If the ex-wife was not working when the child support amount was calculated, and she is now working, then this may qualify as a substantial change in circumstances to warrant a downward modification (lower amount of child support). However, I would need more facts to make a final determination. The new spouse's salary is not considered in this computation and neither are any children which they may have together.

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Answered on 11/19/99, 10:53 am


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